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(영문) 서울중앙지방법원 2020.08.18 2019가단5156406
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Regional Housing Association Promotion Committee (hereinafter “Promotion Committee”) is a regional housing association promotion committee established with the aim of promoting the construction project of a regional housing association under the Housing Act (hereinafter “instant project”) at Yeongdeungpo-gu Seoul Metropolitan Government D D members, and E (hereinafter “E”) is a company operating the housing association’s business agency business, etc., and the Defendant is a company running real estate security trust business, etc.

Article 3 (Contents of Services)

(a) Eul (E) shall act on behalf of and cooperate with the work of Gap (Promotion Committee) in accordance with the provisions of each paragraph of this Article in order to achieve the objectives of the project;

1. Formulation of a regional housing association and determination of its association expenses;

2. Recruitment of partners and preparation of a list of partners;

3. Affairs of authorization and permission, such as securing title of partnership and establishment of district unit planning.

4. Inaugural general meeting and authorization to establish an association;

5. Selection of all cooperative companies related to the business of this Act, such as companies for fund management agency, financial companies, and market corporations, and supervision over consultation on business affairs;

6. Removal or destruction of structures;

7. Fees for the agency business for all civil petition handling affairs related to the project under Article 5 (Remuneration of Agency) shall be paid in cash for each construction household, and the charges for the agency business related to the project under this Article shall be paid for each part of neighborhood living facilities in separate consultation;

Article 6 (Time and Procedure for Payment of Fees) The timing and procedure for the payment of fees shall be conducted in accordance with the Fund Management Agency Contract, and the loan shall be made at the time the Party A requests the lending of the project expenses related to the project.

The repayment of a loan shall be made immediately when it is possible to use the project cost of A.

B. On August 6, 2018, E entered into a contract for the agency business services (hereinafter “instant agency services contract”) with the Promotion Committee, with a content that is entrusted to perform all the affairs pertaining to the implementation of the instant project, and related to the instant case.

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